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Motorcycle Injury FAQs
We realize that all of the issues involved in a Personal Injury case can be overwhelming. Folllowing are some of the more common questions answered for you.
- I was hit by a motorist while riding my motorcycle, and the insurance company for the other driver is telling me I don’t need a lawyer. Is this true?
- I have questions about my rights after being hit by a car on my motorcycle. How much will this cost?
- Is there any difference between a motorcycle injury case, and a case involving two autos?
- I heard if you’re in a car crash and you don’t have on a seat belt, your damages can be reduced. Is there any law like that for motorcycles?
- The insurance adjuster for the other driver made a settlement offer, and says I should take it, because even if I get more compensation by hiring a lawyer, the lawyer will take one-third of the whole settlement. Is this true?
- How long will this suit take?
- Can I get pain and suffering?
- Can I go to my own doctor?
- What is the statute of limitations?
- Can I cash a check from the other party’s insurance company even though I don’t agree with the offered settlement amount?
- What if the negligent driver’s insurance company will not pay my medical bills?
- Do I need to have medical payment coverage on my motorcycle insurance?
- If my insurance (motorcycle or health) pays my medical bills caused by someone else’s negligence, do I have to pay them back?
- What if the other driver either doesn’t have insurance, or has low policy limits that aren’t enough to cover my damages?
A: Probably not. Insurance adjusters are professional negotiators. It is their job to settle claims for the smallest amount of money possible. If an insurance adjuster says you don’t need a lawyer, that likely means the adjuster wants to take advantage of you. Usually, you can benefit from the services of an experienced personal injury lawyer in this situation. (Back to Top)
A: Most lawyers that do this kind of work will not charge you for answering your questions. By getting your questions answered, you will find out whether the insurance company for the driver that hit you is being fair and reasonable. (Back to Top)
A: The same laws apply to both claims. All drivers are held to the same “rules of the road.” The main difference between auto and motorcycle claims is that the damages are usually more obvious when a motorcyclist is struck by a car. Motorcycles typically sustain heavy damage in motorcycle-auto collisions. This takes away the strategy insurance companies like to use in auto cases: pointing at pictures of the injured person’s car, and pointing out that it is barely damaged. (Back to Top)
A: Not in Iowa. Iowa law specifically exempts motorcyclists from the use of any type of restraining device. More importantly, there is no helmet law in Iowa, and failure to wear a helmet cannot be used to reduce your damages. (Back to Top)
Q: The insurance adjuster for the other driver made a settlement offer, and says I should take it, because even if I get more compensation by hiring a lawyer, the lawyer will take one-third of the whole settlement. Is this true?
A: If you have a settlement offer from the other driver’s insurance company, most lawyers will take your case for a percentage of the amount recovered above and beyond what the insurance company offered, and will not take a fee on the amount the insurance company offered you before you had a lawyer. This is a trick many insurance adjusters use to keep you from going to an experienced personal injury lawyer, and finding out what fair compensation for your case really should be. (Back to Top)
A: Every case varies. The main variable is your medical treatment. Many times, a suit is not filed until medical treatment is complete, so settlement can be attempted. Usually, suit is only filed if a settlement cannot be reached with the insurance company. It is not unusual for a case to take one to two years to get resolved.
If your medical treatment is complete, settlement can be attempted soon after retaining an attorney. It is possible your case will settle quickly. If your case cannot be settled quickly after your medical treatment is complete, it will be necessary to file suit. (Back to Top)
A: Yes. This is one of the main differences between personal injury and workers’ compensation claims. If you are injured due to someone else’s negligence in a non-work setting, you are entitled to recover for your pain and suffering. In many motorcycle collision cases, the pain and suffering and reduced quality of life is the primary damage. (Back to Top)
A: Absolutely. This is also a distinction between personal injury and workers’ compensation claims. With a non-work injury, you get to choose your own medical treatment. (Back to Top)
A: It is the time period within which you must file your suit. In most personal injury cases in Iowa, the statute of limitations is two years from the date of the injury. If you do not file suit within that time, you completely lose your legal rights. It is crucial that you talk to a lawyer about the time you have to bring your case. Most lawyers who do this type of work will not charge you a fee for answering this question. (Back to Top)
A: Probably not. If the check is for property damage (your motorcycle damages), it MAY be safe to cash the check. Any other check will probably have language on it stating that by cashing it, you agree that you will receive nothing further. You should never cash a check from the other party’s insurance company without showing it to an attorney. Most lawyers will not charge a fee for this service. (Back to Top)
A: Usually, the other driver’s insurance company will not pay your medical bills as you go along. The insurance company will probably tell you they will only pay the bills at the time of a final settlement. To get your bills paid before settlement, you will probably have to turn them over to your own insurance company.
The first place to turn in this situation is your own motorcycle insurance. Most people have motorcycle insurance that includes coverage for medical bills. If you have this coverage, you should turn your bills over to your own insurance company, so the bills will be paid without needing to settle with the other driver’s insurance company.
If you do not have medical payment coverage on your motorcycle insurance, or if you have no motorcycle insurance, the next place to turn is your health insurance. If you have health insurance, the insurance company for the other driver won’t pay until settlement, and you do not have car insurance that includes medical payments, your health insurance should pay your medical bills until you get your case settled. (Back to Top)
A: While not legally required, it is a very good idea to carry ample medical payments coverage on your motorcycle insurance. As discussed above, the insurance company for the driver that hit you is not going to pay your medical bills until the case is over. Unless you have adequate insurance, you may not get the treatment you need to get better. (Back to Top)
A: Probably. Most motorcycle insurance and health insurance policies contain what is known as a “subrogation” clause. This means that your insurance will pay your medical bills, but if the bills were caused by someone else and you recover, you have to repay your insurance. Usually, your insurance company will give you credit against what you owe them for any attorney fees you have to pay to collect the bills from the responsible driver’s insurance company. (Back to Top)
A: In either of these situations, you probably have a claim against the other driver, AND against your own insurance company under your uninsured (UM) or underinsured motorist (UIM) coverage. Because the potential for life-changing personal injuries is greater for motorcyclists (compared to car drivers), it is very important that you have high coverage for UM and UIM.
Most people assume if they are involved in a motorcycle crash caused by the negligence of another driver, the other driver will have insurance to cover their damages. This has been a very costly and financially disastrous mistake for many people. If a negligent driver injures you and either does not have insurance, or not enough insurance, it is unlikely you will be able to recover from that driver for your damages. This makes it very important to make sure you carry both UM and UIM insurance on your motorcycle.
UM coverage will cover your damages if a completely uninsured motorist injures you in a crash. UIM coverage will help pay your damages if the person that hits you has insurance, but not enough to fully cover your damages. Although the law requires drivers to carry insurance coverage, the legally required level of coverage is very low. It does not take a very serious crash for your damages to be higher than the legal minimum insurance coverage.
If you do not have UM and UIM coverage on your motorcycle insurance policy, you may be risking your financial well-being. All it takes is a negligent act by a driver that either has no insurance, or has low coverage limits, and you may be facing financial disaster.
If you are involved in a crash with an uninsured driver, or a driver with very little insurance, you should consult an attorney about your options. If you don’t know if you have UM or UIM coverage, you should contact your insurance agent. It costs very little to increase your coverage limits. It may be the best money you ever spend. (Back to Top)